W. Va. Code R. § 153-20-5

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-20-5 - Notification of Recount

5.1. The recount notice shall be served in the forty-eight (48) hour period beginning at the end of the recount request period.

5.1.a. The recount notice shall state the date, time and place of the recount.

5.1.b. The recount notice shall advise candidates who did not request a recount that, in order to preserve their right to continue the recount when stopped, notice preserving their right must be filed within twenty-four (24) hours of the time of service of the recount notice.

5.1.c. The date may not be sooner than three (3) days after the recount notice is delivered.

5.2. The recount notice shall be delivered by the sheriff of the county or the sheriff's designee.

5.2.a. The recount notice shall be delivered to the candidate in person or to the members of the governing board that officially requested a special issue election in person.

5.2.b. If a candidate or member of the governing board is not found to receive the recount notice in person, the notice may be given to the spouse of the candidate or a governing board member or to some other family member over the age of sixteen (16) found at the usual place of residence of the candidate or of a governing board member.

5.2.c. If the notice is given to a person other than the candidate or a governing board member, the sheriff or the sheriff's designee shall inform the person receiving the notice of its purpose and meaning.

5.2.d. If the candidate or a governing board member or appropriate family member is not found to receive the notice, it shall be posted on the front door of the usual place of residence of the candidate or governing board member.

5.2.e. The sheriff or the sheriff's designee who delivers the notice shall record how, to whom and the time each notice is delivered.

5.2.f. If the candidate or a governing board member does not have a usual place of residence in the county where the recount notice is being served, the recount notice shall be delivered to the sheriff of the county in which the candidate or governing board member to be served does have a usual place of residence. The sheriff of that county shall serve the recount notice in the same manner as provided in this section.

5.3. For recount requests of a special issue election, the board shall also post a notice of the recount on the door of the office where the recount is to be held.

W. Va. Code R. § 153-20-5